Child Support Law in Ontario: Which Statute Applies to You?

Child support in Ontario can feel like it is governed by several laws at once: the Divorce Act, a provincial statute, and something called the Guidelines. It is easy to wonder which one actually applies to you.

The short answer depends mainly on whether you are or were married, whether a divorce is being sought, and where the parents live. This article sorts out the layers in plain language. It is general information, and a lawyer can confirm how it applies to your situation.

Statutes, guidelines and courts: three different things

A statute is the law that gives a court power to make an order. The Guidelines are regulations that set out how the amount is worked out. A court is where the case is heard. People often mix these up, which is why the paperwork feels confusing.

Under the Divorce Act, a court can order a spouse to pay child support on application by either or both spouses, and the orders must follow the applicable guidelines. The tables are part of the federal guidelines, which are regulations under the Divorce Act.

Which law applies to your situation

All provinces and territories except Quebec have adopted the Federal Tables. In practice, that means the table amount for a given income and number of children is meant to be consistent, even when a different statute is the one giving the court its power. Which exact provision a court relies on can depend on the facts, so a lawyer can confirm it for you.

Which court hears the case

Divorce and property claims are heard only in the Superior Court of Justice. The Ontario Court of Justice does not hear divorce or property cases. In 25 locations, a unified Family Court, which is a branch of the Superior Court, hears all family matters including child support.

This matters for cost and scheduling. Filing is free at the Ontario Court of Justice, while the Superior Court may charge a fee unless you qualify for a waiver. The Superior Court also does not schedule a first appearance, so the applicant has to book their own case conference.

Rules that carry across the different laws

• Presumptive amount: for children under the age of majority, the order is the table amount for the number of children and the payer's income, plus any special or extraordinary expenses.
• Departures: the Guidelines allow different treatment for shared parenting (40% or more), split parenting, undue hardship and payers earning over $150,000.
• Older children: under the Divorce Act, a child of the marriage can include a child under the age of majority who has not withdrawn from the parents' charge, and an older child who remains under their charge but cannot withdraw or obtain the necessaries of life because of illness, disability or another cause. The age of majority is set by the law of the province where the child habitually resides.
• Children at or over the age of majority: the court orders either the Guidelines amount as if the child were a minor, or another amount it considers appropriate.

Changing and enforcing an order

Under the Divorce Act, a court can vary, rescind or suspend a support order retroactively or prospectively. Before varying child support, it requires a change of circumstances as provided for in the applicable guidelines. For a table-based order, a change in circumstances is any change that would result in a different child support order.

Support set up online or through court is filed automatically with the Family Responsibility Office (FRO). Only a judge can change the amount of support in an order. FRO cannot. Ontario laws also do not set automatic end dates for child or spousal support, so support may end on a date or terminating event in the order, or both parties must agree or a judge must decide.

What to do next

• Confirm whether you were married, whether you are seeking a divorce, and where each parent lives.
• Gather any existing order or written agreement, since it may already say which law it was made under.
• Decide which route fits: apply online through the Child Support Service, make a written agreement, or file documents in court.
• If you are heading to court, expect to file Form 8 with a Continuing Record, plus financial disclosure if you are asking for support.
• Speak with a lawyer before filing if a divorce, property claims or parents in different provinces are involved.

Frequently asked questions